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How Can Medical Records Strengthen Your Injury Claim?

If you've been injured due to someone else's negligence, you have the right to bring a claim to get compensation for what you've lost. One of the most important parts of your claim will be your medical records. Talk to an injury attorney in Long Island right away to get more detail details on your specific situation. By Linking the Injury to the Accident The first important role of your medical records is to show that the injuries you're suffering are connected to the accident. The sooner you visit a doctor after the accident, the clearer this link will be, and it will also help if your doctor has noted in the records that your injuries are consistent with the type of accident you suffered. Never delay getting medical care after an accident. If there's too long a delay, the other side and their insurance company may try to argue that your injuries are unrelated to the accident. more By Giving a Firm Number to Your Economic Losses In a personal injury claim, you'll be asking for compensation for your economic losses or damages. These damages need to be quantified with firm numbers, and your medical records will back up your bills and receipts for medical care and show what was provided to verify that your numbers are correct. Medical bills are often the biggest part of any personal injury claim, so it's crucial to get this right. By Boosting Your Non-Economic Losses Non-economic losses are sometimes referred to as "pain and suffering," and these losses are all difficult to calculate. Pain, mental anguish, loss of enjoyment of life, anxiety: how do you put a number on these things? The courts have found that the best way to deal with it is to calculate your non-economic losses as a percentage of your economic ones. The most common method of doing this is to tabulate all your economic losses and then multiply the total by a number between one and five. The more serious your injuries are and the harder your recovery, the higher that second number will be. Your medical records thus serve two important functions in boosting your total for non-economic losses. First, the higher your medical bills and the higher your economic losses, the bigger that first number, which you'll multiply by one, two, three, four, or five. Second, your medical records will show what you've actually undergone in terms of treatment and recovery. Your medical records will thus be an important way of deciding whether you multiply your economic damages by one, five, or a number in between. Your medical records are a key part of your personal injury claim, but they're not the only thing to consider. Talk to us today at Miller, Montiel & Strano in Garden City, NY for help with your claim. We serve Long Island and Nassau County and are committed to treating each client like a person: not like a number. .

What Are the First Legal Steps After a Serious Injury?

After you've suffered a serious injury, things can be confusing and difficult. Learning in advance what to do if this should happen can help you and your attorney build a strong and convincing case. A Long Island personal injury lawyer can help you at every step. Seek Medical Attention Immediately Get medical care as soon as possible. Not only does this keep you physically safe, but it also creates a record of your injuries, and, assuming you get help quickly, links your injuries clearly to the accident. If you wait too long to get help, the other side might try to argue that your injuries are from something else. You'll need your medical records for any legal claim, and be sure to follow all treatment plans and keep detailed records. more Document the Incident If You Can Gather evidence if you're able to with your injuries; but if you are too badly injured, don't stress. Ask a friend or family member to get evidence for you, or call a lawyer as soon as you can and get them on the case. You'll want to have photos of the scene, your injuries, and any property damage. You should also collect contact information from witnesses and, if applicable, get the police report. Report the Injury You'll want to notify all the appropriate parties, and who that party is will depend on the type of injury you've suffered. It might be an employer for workplace injuries, a property owner in slip-and-fall cases, or an insurance company for car accidents. When you make your report, keep it factual but avoid admitting fault. If you speak to an insurance company in particular, avoid giving many details or answering questions without your lawyer. Consult a Long Island Personal Injury Lawyer As soon as you're able, speak with a lawyer experienced in personal injury cases. A lawyer will talk through your situation and help you evaluate the strength of your case, explain your rights, and take you through each step of the actual legal process. Your lawyer will also protect you in negotiations and ensure you don't sign anything that isn't in your best interests. Be Careful of Early Settlement Offers Insurance companies sometimes like to offer quick settlements. They're often hoping to minimize payouts by convincing you to settle for a quick cash payment that's less than you deserve. Do not accept any offer or sign documents without consulting an attorney. Keep Detailed Records Be careful to track all your expenses that are related to the injury, and include not just the obvious ones, like medical bills, but also all your lost wages or salary records, and any other costs. It will also help if you're able to keep a journal documenting the way the injury has affected your daily life. Taking these steps will lay a strong foundation for your personal injury case. To get experienced and compassionate help, reach out to us at Miller, Montiel & Strano in Garden City, NY.

5 Most Dangerous Intersections in Long Island for Car and Pedestrian Accidents

Car crashes, truck collisions, and pedestrian accidents are all too common on Long Island—and certain intersections pose a greater danger than others. A Newsday investigation identified key hotspots in Nassau and Suffolk Counties where fatal and serious injury collisions occur more frequently than anywhere else. Whether you’re driving, walking, or biking, knowing which intersections to avoid can help reduce your risk of being injured in a crash. At Miller, Montiel & Strano, we’ve represented countless victims injured at these very locations, and we’re here to help you understand where the risks are—and what your legal options may be. Top 5 Most Dangerous Intersections in Nassau and Suffolk Counties 1. Old Country Road and Broadway – Hicksville This intersection sees a high number of pedestrian accidents. The multi-lane crossing exposes walkers to high-speed traffic for longer durations. Drivers often race through yellow lights, increasing the danger for pedestrians. 2. Jackson Street and North Franklin Street – Hempstead Ranking second in pedestrian crashes, this intersection—along with the nearby crossing at North Franklin and Front Street—has become a hotspot for pedestrian injuries. Poor visibility and traffic congestion play a major role. 3. Straight Path and Sunrise Highway – Lindenhurst This intersection recorded the highest number of people killed or seriously injured in a 10-year study. The mix of high speeds, left-turns, and frequent U-turns creates a dangerous environment for everyone on the road. 4. Old Nichols Road and Veterans Memorial Highway – Islandia The Central Islip Fire Department responds to 30 to 50 accidents a year at this site. The area’s layout, heavy truck traffic, and lack of driver awareness all contribute to frequent collisions. 5. Route 347 and Nicolls Road – Centereach / Lake Grove / Stony Brook This busy intersection is known for multi-vehicle crashes, often involving trucks. Its size, complexity, and heavy volume make it especially risky. Why Are These Long Island Intersections So Dangerous? Several common factors make these intersections more hazardous than others: Multiple Lanes & Long Crosswalks: Longer exposure time for pedestrians. High Traffic Volume: More vehicles lead to more opportunities for conflict. Frequent Turning Vehicles: Left turns and U-turns often result in collisions. Speeding & Aggressive Driving: Drivers rushing through intersections contribute to more severe accidents. Distracted Driving: Cell phone use and lack of attention are major issues on Long Island roadways. How to Protect Yourself Whether you’re driving or walking, use extra caution at these intersections: Pedestrians: Use crosswalks, obey signals, and make eye contact with drivers. Drivers: Yield to pedestrians, avoid distractions, and never rush yellow lights. Cyclists: Wear visible clothing and follow the same rules of the road as motor vehicles. Injured in a Crash at a Dangerous Long Island Intersection? If you or a loved one was injured at one of these or any other intersections on Long Island, the attorneys at Miller, Montiel & Strano can help. We’ve recovered compensation for clients injured in car, truck, pedestrian, and bicycle accidents throughout Nassau and Suffolk Counties. You may be entitled to compensation for: Medical expenses Lost income Pain and suffering Permanent disability Property damage Don’t try to navigate insurance companies or legal claims alone. Our legal team is ready to stand by your side, investigate your case, and pursue full and fair compensation on your behalf. Contact Miller, Montiel & Strano Today for a Free Consultation We understand the toll an accident can take. If you’ve been hurt at a dangerous intersection in Long Island, call Miller, Montiel & Strano today for a free, no-obligation consultation. We’re here to help you move forward. Call 516-363-5003 or visit https://www.mmspersonalinjurylawyers.com/ Frequently Asked Questions Q: What should I do after an accident at a Long Island intersection? A: Call 911 if you’re injured, seek medical care, take photos of the scene if possible, and contact an experienced car accident attorney like Miller, Montiel & Strano to protect your legal rights. Q: Who is liable in an intersection accident? A: Liability may fall on a negligent driver, a government entity responsible for poor road design, or even multiple parties. We conduct a thorough investigation to determine fault. Q: How long do I have to file a claim in New York? Time periods depend on the type of claim and the parties involved. Therefore, it is best to contact a car accident attorney like MMSPC as soon as possible after the crash.

Crashes Involving a Bus or Truck Happen Too Often

Bus and truck accidents in Long Island and New York City continue to cause serious injuries and tragic loss of life. These large vehicles, whether operated by municipal services or private companies, pose a heightened risk on crowded roadways. Recent accidents across the region highlight the dangers: In Williamsburg, Brooklyn, a garbage truck turning on Bushwick Avenue struck and killed a 26-year-old moped rider. In The Bronx, an oil truck collided with an electric bicycle, killing the passenger at Southern Boulevard and Bruckner Boulevard. In Elmhurst, Queens, a 70-year-old pedestrian was fatally struck by an MTA bus. In Old Westbury, Long Island, a dumpster truck crashed into a school bus, injuring several children and the driver. In North Lindenhurst, a school bus and car crash at Sunrise Highway and North Delaware Avenue left 10 people injured, including four children. In North Babylon, a school bus carrying a high school track team hit a utility pole, injuring nine students. These incidents serve as a stark reminder that bus and truck collisions are not rare—and they often result in catastrophic injuries. Common Causes of Bus and Truck Accidents in New York Although the details vary, many of these collisions are the result of preventable mistakes. Common causes include: Unsafe right or left turns Failure to observe red lights or stop signs Poor vehicle maintenance Speeding or reckless driving Driver distraction or fatigue Ignoring road conditions Drivers of commercial and municipal vehicles have a heightened duty of care due to the size, weight, and limited maneuverability of these vehicles. When that duty is violated, the consequences can be devastating. Legal Challenges After a Bus or Truck Accident If you or a loved one is injured in a bus or truck accident on Long Island or in NYC, you may be entitled to financial compensation. However, claims involving municipal or government-owned vehicles are subject to special rules and time limits. For example: Municipal vehicles such as MTA buses or sanitation trucks may require a Notice of Claim to be filed within 90 days of the accident. In some cases, the deadline is even shorter. To receive No-Fault benefits for medical expenses and lost wages, paperwork must be filed promptly—often within 30 days. Failure to act within these strict timeframes can mean losing your right to compensation altogether. Why You Need a Truck or Bus Accident Lawyer in Garden City, NY Given the complexity of claims involving school buses, city transit, or commercial trucks, it’s essential to consult a knowledgeable attorney. The legal team at Miller, Montiel & Strano has decades of experience handling personal injury claims in Garden City, throughout Long Island and in the five boroughs of the City of New York. We understand: How to investigate crashes involving large vehicles The difference between municipal liability and private company liability How to ensure your claim is filed correctly and on time How to pursue maximum compensation for your injuries, pain and suffering, and lost income Injured in a Bus or Truck Crash? Contact Miller, Montiel & Strano Today Don’t wait. If you or a loved one has been injured in a bus or truck accident in Garden City, Long Island, or anywhere in New York City, protect your rights by speaking with a skilled personal injury lawyer. The attorneys at Miller, Montiel & Strano will evaluate your case, handle all filings, and fight for the compensation you deserve. Call us today or fill out our online contact form for a free consultation. FAQ: Bus and Truck Accident Claims in Long Island and NYC What should I do after being injured in a bus or truck accident in New York? Seek medical attention immediately. Then, try to gather evidence like photographs, witness contact info, and a copy of the police report. Contact an experienced accident attorney as soon as possible to preserve your legal rights. Is there a time limit to file a claim against the city or MTA? Yes. If a municipal vehicle is involved, you typically must file a Notice of Claim within 90 days of the crash. Missing this deadline can bar your claim. Can I get compensation even if I was a pedestrian or bicyclist? Yes. Whether you were walking, biking, or in another vehicle, if a bus or truck driver was negligent, you may be entitled to compensation for your injuries. How is a truck accident different from a car accident? Truck accidents often involve more severe injuries and may include multiple liable parties, such as the driver, trucking company, and maintenance provider. They also involve more complex regulations and insurance issues. Do I need a lawyer for a school bus crash claim in Long Island? Yes. School bus accidents typically involve municipal school districts or private companies. An experienced lawyer will help you navigate the filing deadlines and liability complexities to ensure you get the compensation you deserve.

Manhattan Parking Garage Collapse Highlights Dangers of Negligent Building Design and Maintenance

Manhattan Building Collapse Linked to Faulty Design and Poor Maintenance, Investigation Finds In 2023, tragedy struck in Lower Manhattan when a multi-level parking garage collapsed, killing one person and injuring five others. In the aftermath of the disaster, the City of New York commissioned a forensic engineering investigation to determine what went wrong. The findings are deeply concerning. According to the investigation, the collapse was the result of two major factors: improper building design and ongoing poor maintenance. Shockingly, reports also indicate that unauthorized construction was taking place inside the garage at the time of the collapse — without any permits or safety oversight. Six workers were inside the building when it gave way. All six were injured; one of them tragically died as a result of his injuries. The lives of these individuals and their families were forever altered — not by an unforeseeable accident, but by what appears to be preventable negligence. Negligence in Building Ownership and Maintenance Property owners in New York — and everywhere — have a legal duty to maintain their buildings in a reasonably safe condition. When they fail to meet this duty, and someone is hurt or killed as a result, the law may consider it negligence. Unfortunately, the Manhattan parking garage collapse is just one of many examples where this duty has been ignored. Common causes of preventable building accidents include: Faulty or unsafe structural design Use of cheap, low-quality materials Poor or rushed construction practices Failure to inspect or repair known hazards Inadequate responses to tenant or worker safety complaints Unauthorized or unpermitted renovations General lack of upkeep and neglect over time When these issues are ignored, the results can be catastrophic — including collapsing ceilings, breaking staircases, cracked and lifted sidewalks, falling facades, and structural fires. These are not just violations of safety codes; they are direct threats to human life. Holding Negligent Property Owners Accountable At Miller, Montiel & Strano, P.C., we have extensive experience representing victims of premises liability and building safety failures. We understand the complex nature of these cases, the building codes that apply, and the forensic investigations required to prove liability. Most importantly, we fight to hold negligent parties accountable and help our clients recover the compensation they deserve for medical expenses, lost wages, and pain and suffering. If you or someone you love has been injured due to a building collapse, unsafe property conditions, or any form of property owner negligence, you may have the right to file a personal injury claim. Our team will evaluate your case and explain your legal options — with no obligation and no upfront cost. Contact Miller, Montiel & Strano, P.C. today for a free consultation. Your rights matter — and we're here to protect them.

Another Tragic Car Crash in Our Community

Our community has been struck by yet another heartbreaking tragedy. On Thursday afternoon, a two-vehicle collision on Route 25A in Wading River resulted in the death of one driver and injuries to another. At approximately 2:40 p.m., a 2015 Chevrolet traveling eastbound on Middle Country Road collided with a 2010 Toyota traveling westbound. Emergency crews from the Wading River Fire Department responded swiftly, working to extract both drivers from their vehicles. Both were transported to the hospital. Sadly, the driver of the Chevrolet succumbed to her injuries. This devastating incident is a painful reminder of the dangers present on our roadways every day. A recent investigation revealed that over the past decade, more than 2,100 people have died as a result of motor vehicle collisions on Long Island. More than 16,000 individuals sustained serious injuries during that same period. Common causes of these tragic crashes include speeding, running red lights, distracted driving, impaired driving, vehicle defects, and poorly maintained roadways. Why Car Accident Victims Need an Experienced Lawyer After a serious accident, victims and their families are often left overwhelmed — dealing with physical injuries, emotional trauma, and financial burdens. Insurance companies may attempt to minimize claims, delay payouts, or even deny rightful compensation. This is why working with an experienced car accident lawyer is so important. A skilled car accident attorney can help by: Investigating the crash and gathering critical evidence Communicating with insurance companies on your behalf Calculating the full extent of your damages, including medical bills, lost wages, and pain and suffering Negotiating a fair settlement or taking your case to trial if necessary Helping you navigate complex legal procedures so you can focus on healing Having knowledgeable legal support can make a major difference in the outcome of your case. more How Miller, Montiel & Strano, P.C. Can Help At Miller, Montiel & Strano, P.C., we have decades of experience representing car accident victims throughout Long Island and the surrounding areas. We are committed to fighting for the maximum compensation our clients deserve and holding negligent parties accountable. If you or a loved one has been injured in a motor vehicle accident, you don't have to face the aftermath alone. Let our experienced team stand by your side, guide you through the process, and work tirelessly to protect your future. Contact Miller, Montiel & Strano, P.C. today for a free consultation and learn how we can help you seek justice.

Pedestrian Killed After Being Struck by Car on Route 111 in Manorville

Manorville, NY – A tragic accident occurred early this morning, April 23, 2025, when a 64-year-old pedestrian was fatally struck by a 2024 Porsche while crossing Route 111 near the intersection with Chapman Boulevard. The incident took place around 5:40 a.m., as the Porsche was traveling northbound on Route 111. The pedestrian, whose identity has not been released, was pronounced dead at the scene by first responders. This intersection, unfortunately, has a history of pedestrian accidents. In the past, it has been the site of similar incidents, raising concerns about pedestrian safety along this stretch of Route 111, a busy roadway that sees high traffic volumes, especially during early morning hours. Details of the Accident According to authorities, the driver of the Porsche was traveling at a high rate of speed when the collision occurred. The pedestrian was struck while attempting to cross the road. Despite efforts by emergency responders, the individual was declared deceased on-site. The driver of the Porsche remained at the scene and is cooperating with law enforcement officials as the investigation continues. Authorities are still working to determine the exact cause of the accident, including whether weather or visibility played a role. The police department has confirmed that no charges have been filed at this time, but the investigation is ongoing. A History of Pedestrian Accidents on Route 111 This fatal accident is not the first involving a pedestrian on Route 111 in Manorville. In the past, there have been multiple incidents where pedestrians were struck by vehicles along this same stretch of road. Concerns about pedestrian safety have been raised by local residents and advocates, urging for improved crosswalks, traffic signals, and other safety measures to protect pedestrians in this area. Legal Options for Families Affected by Pedestrian Accidents Pedestrian accidents, especially those resulting in fatalities, can have devastating consequences for families. If you or a loved one has been involved in a pedestrian accident, it's essential to understand your legal rights. Families of those killed in pedestrian accidents may be entitled to compensation through a wrongful death lawsuit, which can cover funeral expenses, medical bills, and other financial hardships caused by the accident. If you have been affected by a pedestrian accident, it’s critical to consult with an experienced personal injury lawyer who can help guide you through the legal process and ensure that justice is served. Miller, Montiel & Strano, a respected law firm with experience in handling pedestrian accident cases, can provide the legal expertise you need. Why Choose Miller, Montiel & Strano for Your Pedestrian Accident Case? Miller, Montiel & Strano has a strong track record of successfully representing clients involved in pedestrian accidents. Their skilled team of personal injury lawyers can help families navigate the complexities of wrongful death claims, working tirelessly to secure compensation for medical expenses, funeral costs, and other damages. With years of experience in handling pedestrian accident cases, Miller, Montiel & Strano understands the challenges families face after a tragic loss. Their dedicated attorneys are committed to providing compassionate and effective legal representation during such difficult times. Get the Legal Help You Need If you or a loved one has been involved in a pedestrian accident in Manorville, NY, or anywhere else, it’s essential to act quickly. Evidence can fade, and key witnesses may be difficult to locate over time. Contact Miller, Montiel & Strano today for a free consultation. Their team is ready to help you understand your legal options and fight for the compensation you deserve. Call Miller, Montiel & Strano now to speak with a personal injury attorney and learn how they can assist you during this challenging time.

How Can You Prove Negligence in a Personal Injury Case?

If you have been injured in an accident that was someone else's fault, you may be able to claim compensation for your injuries. The key is proving that the other person was negligent. A New York personal injury lawyer explains what is needed. Duty of Care To prove negligence, you first must show that the defendant had a “duty of care” toward you. This means someone's legal duty to act with reasonable care to prevent harm to someone else. A duty of care is based on the relationship between the parties or the circumstances involved. more For example, a driver is assumed to have a duty of care to everyone else on the road simply by being behind the wheel of a vehicle. The owner of a business has a duty of care to customers and therefore is responsible to make sure their premises are free of hazards. Breach of Duty You must then establish that the duty of care was breached. You must prove that the other person failed to meet their duty, either through their action or their failure to act. Breach of duty is usually measured against what “a reasonable person” would do under similar circumstances. For example, a driver who is distracted or driving recklessly has breached their duty of care to others on the road or to their passengers. A medical professional who failed to follow professional standards would also be considered to have breached their duty of care. Causation It is not enough to prove a duty of care and a breach of that duty. You must then show that the other person's failure directly caused your injuries, property damage, or other losses. You must show that the harm wouldn't have occurred without the other person's negligence. Causation generally falls into two types: cause-in-fact and proximate cause. For cause-in-fact, you must show that the other person's actions were a factual cause of the injury, such as a driver running a red light and hitting a pedestrian. Proximate cause means that the injury was the foreseeable result of the failure in duty. For example, premises that were improperly maintained and led to a slip-and-fall accident. Damages The final element of negligence is actual evidence of the damages caused. Damages encompass both economic and non-economic losses due to the accident. Economic damages include any tangible loss that can be quantified financially, with evidence such as medical bills, bills for repair or replacement of property, and proof of lost wages. Non-economic losses cover those intangible losses you have suffered as a result of the incident. This could include pain and suffering or emotional distress, among others. Evidence from therapists, or even your own personal diaries may help to prove non-economic damages. If you have been injured in an accident caused by someone's negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

What Are Your Rights After Suffering an Injury?

If you have been injured, you should be aware of your legal rights before you take steps. A Nassau County personal injury attorney explains. Right to Medical Treatment No matter whether your injury is minor or more serious, you have the right to medical treatment. It's a very good idea to take advantage of this right, not only for the medical care, but also for medical documentation of the injury. Medical documentation can be very useful down the road if you need proof of your physical condition or proof of the expense due to the injury. Right to File a Personal Injury Claim If the injury has caused you to miss work, either temporarily or permanently, you are entitled to file a personal injury claim to seek compensation for the lost wages. You may also be able to seek compensation for the pain and suffering caused by your injury, such as the impact on your quality of life or the emotional toll on you and your family. more Keep in mind that the right to seek compensation is not a guarantee that you will receive it. However, you do have the right to file a personal injury claim with the insurance company of the party responsible for your injury. Right to File a Lawsuit If you are unable to obtain a settlement through an insurance claim, you have the right to file a lawsuit to pursue compensation. This is generally a last resort after all other options have been tried. In personal injury lawsuits, the burden of proof will be on you to demonstrate that the defendant was responsible for your injury. Witness testimony, evidence such as medical documentation, or expert opinions may all be necessary to prove who was at fault and, therefore, who is entitled to compensation. Right to Legal Representation You have the right to hire a lawyer to help you. It might be tempting to think you can handle an injury claim or lawsuit by yourself, but a an experienced attorney will improve your chances of receiving a favorable settlement. Someone who knows the laws and regulations related to personal injury law will know how to work through the process and how to negotiate effectively with the other party, if that becomes necessary. Right to Appeal a Decision If your injury claim with an insurance company or a lawsuit before the court is not successful, you have the right to appeal. For an insurance claim, there is generally a specific appeals process for each insurance company. For a lawsuit, there is an appeals process for challenging the court's decision and requesting that your case be reevaluated. Of course, the right to appeal is not a guarantee of a favorable outcome, but you do have the right to submit an appeal. If you are suffering from an injury due to someone else's negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

How Do You Determine the Value of a Personal Injury Case?

If you are involved in a personal injury case, it's good to be aware of how compensation may be calculated, and a personal injury attorney in Long Island, NY can help you correctly figure for everything you're owed. Actual Medical Expenses Medical bills are the foundation of any personal injury claim as they show the actual expenses incurred from an injury. This could include from emergency room visits, hospital stays, surgeries, medications, physical therapy or other forms of rehabilitation. The cost of transportation to and from medical appointments would also be included. more Projected Medical Expenses If an injury will likely require further medical treatment or long-term care, future medical costs could also be included in determining the value of the case. Medical experts will be called upon to help estimate the cost of future medical care in these cases. Reports from doctors and other medical professionals will help to prove the need for the ongoing care and justify the financial expense. Lost Income Since an injury can affect an individual's ability to work, records showing loss of income will help to determine the financial loss. Pay stubs and work records will be considered to calculate the financial loss from reduced hours or missing work entirely after the injury. Reduced Earning Capacity Sometimes, an injury means that someone is unable to perform their work duties due to their injury and must find another position or another job. Any reduction in income will be taken into account in determining compensation for a personal injury claim. Financial experts may be called upon to project the financial loss due to someone's reduced earning capacity. Pain and Suffering The value of a personal injury claim will also take into account the victim's physical pain, emotional distress, the loss of enjoyment of life, and other intangible losses. These fall under the category of non-economic damages, and in the state of New York are often calculated using the "multiplier method." The total amount of economic damages (like medical bills and lost wages) is multiplied by a number based on the severity of the injury and the impact on the victim's life. The Role of Liability New York is one of 13 U.S. states that are "pure comparative negligence" states. This means that even if a victim was partly at fault, they can still receive some compensation, no matter what their degree of fault is. Their compensation will be based on their fault. For example, if it is determined that they were 20 percent at fault, their compensation will be reduced by 20 percent. But even if their percentage of fault is as high as 80 percent, they can still recover 20 percent. Insurance Policy Limits and Defendant's Financial Situation Of course, the actual compensation received will be determined by how much the insurance policy can cover. If the compensation is being awarded in a personal injury lawsuit, the victim will not be able to get more from the defendant than they can financially provide. If you are involved in a personal injury case, reach out to the legal team at Miller, Montiel & Strano in Garden City, NY, for legal counsel and support in Long Island and the New York metro area.

What Evidence Is Crucial for Building a Strong Accident Case?

If you've been injured in a car accident, you'll need a lot of evidence to build a strong case for the compensation you need to get your life back on track. Your accident attorney in Nassau County will help you find and use all the following types of evidence. Photographs and Videos If you're physically able, take some clear photos of the accident site right after the incident. These images should, as much as possible, capture details like the positions of the vehicles involved, visible damage, any skid marks, the surrounding road conditions, traffic signs, and even weather conditions. more In some cases, there may also be video footage from dash cams, surveillance cameras from nearby businesses, or traffic cameras. Talk to a lawyer right away to make sure you can get access to this footage, and bear in mind that some of it, like business security camera footage, is regularly erased to make room for more recordings, so this isn't something you want to wait on. Police Reports Always call the police so they can make an official accident report. The report will have their observations, statements by those involved, and any citations that may have been issued. Police reports provide an objective third-party account of what happened with the professional opinion of the officer/s about who was at fault. Those opinions aren't the end of the matter, and other evidence can show a different story, but they still hold a lot of weight. Medical Records Medical records prove the extent of your injuries and can also be used to link them to the accident. The more comprehensive your medical records, the easier it will be to prove that the accident directly caused your injuries and that you're entitled to compensation for your medical bills. In some cases, your lawyer may also want to get testimony from medical experts to help establish the extent of your injuries and their likely long-term impact on you. Witness Statements Eyewitness accounts will be very helpful, and particularly if the witnesses are neutral parties with no stake in the outcome. Witness statements can sometimes provide an additional perspective that cameras didn't capture and which you and the other driver didn't see, and they can corroborate your version of events. Even if the police collect statements at the scene, your legal team will likely want to clarify details and make sure nothing was missed. Documentation of Your Financial Losses Accidents can cause a range of financial losses that go beyond those medical bills. You're likely to have losses from property damage, lost wages due to missed work, or extra expenses due to being impaired and unable to do your usual chores: like childcare costs or paying for lawn care or home cleaning. To recover compensation for these losses, you'll need to provide detailed documentation, receipts, pay stubs, or any other proof of the financial impact. For help in building a strong accident case, contact us at Miller, Montiel & Strano, P.C  in Nassau County right away.

What Are the Most Common Types of Personal Injury Claims?

There are lots of types of personal injury claims, and your Long Island personal injury lawyer will definitely have seen it all. There are certain claims that are more common than others, however. Car Accidents Lots of personal injury claims arise from car accidents. Any kind of vehicular accident is likely to result in physical, emotional, and financial difficulties for the victims, and given the crowded streets and heavy traffic in Long Island, these are far more common than we all might wish.Car accidents are rarely just "accidents" in the truest sense of the word. Most of the time, accidents are caused by negligent behavior. Some of the most common reasons for accidents include distracted driving, impaired driving, speeding, failure to yield, and tailgating. At other times, accidents are caused by road conditions and weather issues. more Motorcycle Accidents Motorcycle accidents usually result in much greater damage than car accidents because of the unprotected nature of motorcycles. Once again, these accidents are sometimes true accidents, but very often they are caused by negligent behavior on the part of a driver or a motorcyclist. The most common causes of motorcycle accidents include left turn accidents, where drivers turn left in front of an oncoming motorcycle, lane change accidents, rear end collisions, or lane splitting by the motorcyclist. Pedestrian and Bicyclist Accidents When you have as much pedestrian and bicycle traffic as we have here in Long Island, accidents with bicycles and pedestrians are far too common. Pedestrians are the most vulnerable of all and easily injured by speeding scooters, vehicles, or even bikes. Medical Malpractice Unfortunately, New York remains one of the top states in the nation for medical malpractice. Malpractice occurs when any kind of healthcare professional fails to follow the standard of care, and this failure causes injury or harm to a patient. Types of medical malpractice include misdiagnosis and delayed diagnosis, surgical errors, errors in prescribing or dispensing medications, and birth injuries. These cases are particularly difficult to prosecute successfully and require an experienced lawyer. Premises Liability Premises liability cases are brought when a property owner or a tenant fails to make their property safe or fails to warn visitors of hazards they know about. People are injured all the time because property owners don't fix stairs, don't provide adequate lighting, don't upkeep elevators, etc. Animal Bites and Attacks When a person is attacked by an animal in a personal injury situation, it's most usually a dog. New York takes dangerous dogs quite seriously and holds owners liable for not controlling them. Unless there was no way to know that a dog was dangerous and the dog was not being allowed to run freely, or if the dog was being provoked or threatened on its owner's property, the owner of a biting dog will usually be responsible for the injuries of a victim, even on a first bite. Assault & Battery Most of the time, personal injury involves negligence. In other words, the person who caused the injury was not acting with due care, but they did not intend to hurt anyone. Assault and battery are different. These are crimes, but when these crimes result in injury, the victim can also bring a civil action for personal injury. If you've been injured by someone ​else's negligence or deliberate action, contact us Miller, Montiel & Strano in Long Island and through NYC.

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